GOOD: Self Defense Immunity Granted Murder Charge Dismissed

This is a discussion on GOOD: Self Defense Immunity Granted Murder Charge Dismissed within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; http://www.stockmarketsreview.com/news/77100/
Sarasota, FL (PRWEB) December 31, 2010
Sarasota criminal defense lawyer Anthony G. Ryan, of the Law Offices of Anthony G. Ryan, P.A. was an ...

GOOD: Self Defense Immunity Granted Murder Charge Dismissed

Sarasota criminal defense lawyer Anthony G. Ryan, of the Law Offices of Anthony G. Ryan, P.A. was an integral part of a defense team that successfully asserted Florida's relatively new Stand Your Ground, Self Defense Immunity law to have a second degree murder charge against his client dismissed. It is believed to be the first time self defense immunity has been successfully asserted to have a murder charge dismissed in Sarasota, Florida.

<snip #1>
According to Judge Dakan's order, in the early morning of May 15, 2010 Alphonse Gallo found himself alone and in an argument with an acquaintance, Patrick Barbour, and three of his friends, in the middle of the street. Gallo and Barbour had already fought briefly earlier in the evening. But this time, Barbour brought some friends and threatened to rob Gallo. Gallo testified that Barbour, "pulled out a firearm," according to the Defendant's Version in Judge Dakan's order.

Gallo, who has a concealed weapons permit and had recently taken classes to become a security guard, also pulled out his gun, according to court documents. Gallo fired three shots at Barbour from close range, according to Judge Dakan's order.

Shots rang out as a gun battle erupted between Gallo and Barbour's friends, according to court documents. Three local nightclubs had just closed and emptied their now frantic patrons into the street after last call. A nearby Sarasota Police Officer, who was the first to respond to the shooting, testified he had difficulty getting to the body because of the crowd, according to Dakan's order.

In the end, the street was littered with twenty six empty shell casings from four different caliber guns, Barbour was dead, and Gallo was arrested and ultimately charged with second degree murder, according to the court's order. Gallo claimed it was self defense and now, armed only with his defense team including Sarasota criminal defense attorney, Anthony G. Ryan, and Florida's gun-owner friendly self defense law, sought to prove he was legally justified in killing Barbour, according to court documents.

<snip #2>ExSoldier:
Okay, I posted about a third of the article (I think) and it was really necessary to get the correct info on the board. But this is a momentous occurrence here in Florida and one that I hope becomes more common. Importantly, it creates something called precedent in legalese but it basically means that in a certain jurisdiction subsequent decisions are based on decisions that mirrored those same circumstances previously. So the more times these kinds of cases are dismissed for the same reason (that they meet the standard presented by the law) they will be more easily accepted and dismissed. That's what we want and that is what should become a national standard in federal law. At least IMHO.

I don't really like the sound of the story overall. It is possible it was fine, but it is also possible this guy just ran with the borderline wrong crowd. I don't know. But the court says he is innocent, so that will be what I go by.

According to FL's law, one cannot be arrested unless the LEO on scene has significant reason to believe a crime may have been committed in the alleged act of self-defense.

According to FL's law, one cannot be arrested unless the LEO on scene has significant reason to believe a crime may have been committed in the alleged act of self-defense.

It's sometimes sorta amazing how long it takes some in the LEO community to get ummmm properly "briefed up" on changes to SD and ccw law changes. Then of course there are some LEOs who are simply anti ccw and anti gun. Even here in FL.

I don't make jokes. I just watch the government and report the facts. --- Will Rogers --- Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

<snip #1>
According to Judge Dakan's order, in the early morning of May 15, 2010 Alphonse Gallo found himself alone and in an argument with an acquaintance, Patrick Barbour, and three of his friends, in the middle of the street. Gallo and Barbour had already fought briefly earlier in the evening. But this time, Barbour brought some friends and threatened to rob Gallo. Gallo testified that Barbour, "pulled out a firearm," according to the Defendant's Version in Judge Dakan's order.

Taken from OP.^^^^^^^^

This is what I believe most folks would have a problem with, is the fact that these two knuckleheads already went toe to toe earlier in the day.

I think ultimately he was innocent, but it would be interesting to know all of what led up to their second meeting.
Was Gallo ambushed as he was leaving someplace,? OR what?

I would rather die with good men than hide with cowardsIf you want to make God laugh, tell him your plans.
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy."

It's sometimes sorta amazing how long it takes some in the LEO community to get ummmm properly "briefed up" on changes to SD and ccw law changes. Then of course there are some LEOs who are simply anti ccw and anti gun. Even here in FL.

Well, what stuck out to me was that the LEO made the arrest. What you say is definitely possible; but I was also thinking of what if the LEO actually had reason to believe that it wasn't quite a righteous shoot? This situation seems a little funky, to be honest. As oneshot says above, it may indeed be a clean shoot afterall, but there are probably a lot of crazy circumstances around the whole thing - something most of us would probably have had the sense to avoid in the first place.

As far as the officer making the arrest. The easy way out would be to arrest the shooter and let someone else make the decision on what to do. That could be dept. policy for officers to not make decisions such as this on their own.

as far as the officer making the arrest. The easy way out would be to arrest the shooter and let someone else make the decision on what to do. That could be dept. Policy for officers to not make decisions such as this on their own.